K2 for my 18.5 yr son and AOS

[reddy 0]

My son is now 18.5 yrs old. He is waiting for a K2 as derivative of my K1. Then we plan to travel to the US and get married to my US citizen fiance. We have been talking to attorneys about AOS for my son. They just cant seem to agree! Some say he can AOS even though he is over 18 at the time of marriage some say he cannot because marriage must take place before he was 18 for him to AOS although he can get K2. Will anyone with experience bringing older kids in help please? Tell me wha your experience was.

[diadromous mermaid 36]

My son is now 18.5 yrs old. He is waiting for a K2 as derivative of my K1. Then we plan to travel to the US and get married to my US citizen fiance. We have been talking to attorneys about AOS for my son. They just cant seem to agree! Some say he can AOS even though he is over 18 at the time of marriage some say he cannot because marriage must take place before he was 18 for him to AOS although he can get K2. Will anyone with experience bringing older kids in help please? Tell me wha your experience was.

One lawyer is confused. For K-1, a child can be under 21 in order to qualify as a K-2, but beware, and do some research on here under Girona40, since it seems some AOs are creating some trouble with AOS after the child's 21st birthday.

The lawyer that spoke of the 18 year limit was confusing this with filing an 1-130, Petition for Alien Relative (after a marriage has occured), I believe. In regards to an I-130, the child is being petitioned as a stepchild, and per INA, a stepchild whether or not born out of wedlock, is a child that had not reached the age of eighteen years at the time the marriage creating the status of stepchild occurred.

[perfect 39]

Sorry no experience, but I was under the impression that the step-child relationship had to be created before the child was 21, not 18 - i.e your marriage must take place before he reaches the age of 21 for him to qualify for K2 on the basis of your K1. I can't find the link now, but there's a whole string of messages and replies relating to, I think Girona or Girona 40 in relation to AOS for K2 child of that age.

I believe if you marry before he is 18 you will be ok to AOS for him.

[diadromous mermaid 36]

i.e your marriage must take place before he reaches the age of 21 for him to qualify for K2 on the basis of your K1.

Marriage prohibits a child from entering the USA on a K2 visa. A K2 is the derivative beneficiary of a K1, fiancé, i.e. no marriage has takne place yet

Edited November 2, 2006 by diadromous mermaid

[perfect 39]

i.e your marriage must take place before he reaches the age of 21 for him to qualify for K2 on the basis of your K1.

Marriage prohibits a child from entering the USA on a K2 visa. A K2 is the derivative beneficiary of a K1, fiancé, i.e. no marriage has takne place yet

Sorry I wasn't very clear in wording that _ I didn't mean to be misleading in what I wrote. I didn't mean that the K2 must be married, obviously that's different altogether. I meant that the K1 must enter the US and get married before the K2 (who must not be married) reaches the age of 21. Does that sound better?

[1HappyGuy 45]

I assume you are referring to the K-2 for your son because you are coming to marry on a K-1 visa. If your son is under the age of 21 and unmarried, then he can accompany you or follow you up to one year later as part of your K-1 visa. Children under the age of 21 may follow a parent as part of the K-1 process. The 90 day requirement to marry and apply for adjustment of status will also apply to him once you have married your American fiancee.

The aspect of being age 18 1/2 is not important except that your son is under 21. If he was under the age of 18 at the time of your marriage, then your spouse could file for him as status of step-child. Since this is not the case it does not matter.

The main answer is this. Your child under the age of 21 may obtain a K-2 visa as part of your K-1. The visa must be issued within 1 year of the date of issue of your K-1 visa and the child must apply for adjustment of status (permanent resident) within 90 days of arriving in America. The child must be under 21 prior to arriving in America.

So, after you get married, apply for adjustment of status for you and for your son.

Good luck.

[reddy 0]

Thank you all very much for the clarity. I can't believe I paid $2000 in retainer fee to 4 different attorneys and could not get a conclusive answer on this. Each one claimed they had to "research" it.

I am now worried about the age-out issue, but will at least get started on the K1/K2 path.

Thank you again!

[pj1959us 0]

David's son was 19 when he arrived here on the K-2 abd we were concerned about the age-out issue as well.

Be sure you check if your local D.O. has an address to write to in order to alert them of an age-out (in our D.O.'s case it instructs you to contact them in writing 6 months before the 21st birthday).

At that time I also contacted our Congressman's liaison and she was instrumental in ensuring the AOS process went smoothly. The K-2 had a successful AOS when he was still 20 so if you can stay on top of the situation you should be fine.

Congratulations and best of luck to you!